Quote of the week

Israel has knowingly and deliberately continued to act in defiance of the [International Court of Justice] Order. In addition to causing the death by starvation of Palestinian children in babies, Israel has also continued to kill approximately 4,548 Palestinian men, women and children since 26 January 2024, and to wound a further 7,556, bringing the grim totals to 30,631 killed and 72,043 injured. An unknown number of bodies remain buried under the rubble. 1.7 million Palestinians remain displaced — many of them permanently, Israel having damaged or destroyed approximately 60 per cent of the housing stock in Gaza. Approximately 1.4 million people are squeezed into Rafah — which Israel has stated it intends to attack imminently. Israel’s destruction of the Palestinian healthcare system has also continued apace, with ongoing, repeated attacks on hospitals, healthcare, ambulances and medics. Israel has also continued to conduct widespread attacks on schools, mosques, businesses and entire villages and areas.

Republic of South Africa Urgent Request to the International Court of Justice for Additional Measures South Africa v Israel
18 March 2013

Office of Chief Justice media statement on impending strike by magistrates

MEDIA STATEMENT ON THE IMPENDING STRIKE ACTION BY MAGISTRATES

15 March 20133

THERE is currently a matter before the Constitutional Court (see accompanying note below) in relation to the dispute over salary increases for Magistrates and as such; as a Justice of the Constitutional Court, the Chief Justice is not in a position to comment on the matter – pending its finalisation by the Court.

However, the Office of the Chief Justice can confirm that the Chief Justice is in possession of correspondence informing him of the impending strike action by Magistrates on Monday, 18 March 2013.

The Office of the Chief Justice wishes to place on record also that should the strike action materialise; it would be regrettable and that Magistrates would jeopardise the welfare of the very people to whom they are obliged by the Constitution to render a service.

It should also be stated that the Office of the Chief Justice is satisfied that the Magistrates’ Commission, under the able leadership of Judge Francis Legodi; has put in place adequate measures to deal with any disruptions that may arise from the impending strike action.

The Office of the Chief Justice wishes to also state for the record that there are existing and effective official channels through which disputes can be attended to and that the Chief Justice is committed to both the well-being of all Judicial Officers and to ensuring speedy resolution of all matters that affect them and their conditions of service; all within the ambit and dictate of the law.

Ends.

Enquiries

Lulama Luti; Director: Media Relations, Office of the Chief Justice

Tel: +27 (0) 11 359 7537; Cell: +27 (0) 76 424 0667; Email: luti@concourt.org.za

NOTE TO EDITORS / JOURNALISTS

On 19 February 2013 the Constitutional Court heard an application for confirmation and variation of an order of constitutional invalidity and a conditional application for leave to appeal against a decision of the North Gauteng High Court (High Court) by the Association of Regional Magistrates of South Africa (ARMSA).

The application followed on the 26 November 2010 decision by President Jacob Zuma to increase the remuneration of Regional Magistrates and Regional Court Presidents by 5% with effect from 1 April 2010 – based on a recommendation from the Independent Commission for the Remuneration of Public Office Bearers (Remuneration Commission) for a 7% increase.

ARMSA then applied to the High Court to review and set aside the decision of the President.  ARMSA contended that the decision by the President (i) was a reduction in remuneration; (ii) was procedurally unfair; (iii) adopted a “one size fits all” approach in relation to the various public office bearers; and (iv) was unreasonable and irrational because it failed to take into account relevant considerations.

ARMSA sought to have the matter remitted to the President for reconsideration subject to an invitation for representations from Regional Magistrates and Regional Court Presidents. The High Court granted part of the relief sought by ARMSA.

It held that the President’s decision was not an administrative action but was reviewable under the principle of legality.  The High Court upheld only one ground in relation to the “one size fits all approach”.

ARMSA then applied to the Constitutional Court for confirmation and variation of the High Court order.  It also applied for leave to appeal against part of the High Court’s order.  It argued that the matter raised a clear constitutional issue, that there were reasonable prospects of success and it that it was in the interest of justice to grant leave to appeal to the Constitutional Court directly.

The Remuneration Commission opposed the application and sought leave to appeal against the whole judgment and the order of the High Court.

The matter was heard in the Constitutional Court on 19 February 2013 and judgment was reserved.

 

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